Age Discrimination

In Bennett v. Health Mgt. Sys., Inc., 2011 NY Slip Op. 09206 (N.Y. App. Div. 1st Dept. Dec. 20, 2011), the Appellate Division, First Department for the first time provided “an examination of whether, and to what extent, the three-step burden-shifting approach set forth in McDonnell Douglas v Green (411 US 792 [1973]), must be…

Read More Court Clarifies Summary Judgment Analysis For Discrimination Claims Under the New York City Human Rights Law
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In Ridinger v. Dow Jones & Co. Inc., 651 F.3d 309 (2d Cir. 2011), the Second Circuit affirmed an SDNY decision dismissing plaintiff’s complaint alleging age discrimination under the ADEA.  Defendant argued that plaintiff’s claims were barred by a Separation Agreement under which plaintiff agreed to waive all claims (including those under the ADEA) against defendant.  Plaintiff argued…

Read More Second Circuit Holds That Separation Agreement Complied With The Older Workers Benefit Protection Act (OWBPA), Justifying Dismissal of ADEA Complaint
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